Battery

Question 1

What is the definition?

Answer 1

Battery is the application of unlawful force to another person, intending either to apply unlawful, physical force to another or being reckless as to whether unlawful force is applied.

Question 2

What case was the definition confirmed?

Answer 2

Collins v Wilcock

Question 3

What type of crime is it?

Answer 3

A summary and conduct offence.

Question 4

What is the actus reus? Why is it misleading?

Answer 4

The application of unlawful force to another person. Force is misleading as it can include the slight touching.

Question 5

Give a few cases relating to battery.

Answer 5

Wood (Fraser) v DPP [2008] Not arresting him at time of struggle and assaulted so battery by police. Quashed.

R v Thomas [1985] touching COA clothing can be battery and assault especially if worn at time.

Question 6

What is a continuing act? A case.

Answer 6

Fagan v Metropolitan Police Commissioner [1968]

Can continue through a continuing act.

Question 7

What is an indirect act? A case.

Answer 7

A battery can also be an indirect act such as a prank or booby trap. In these cases, the defendant causes force to be implied even though he does not
personally touch the victim.
Through test of recklessness.

Haystead v Chief Constable of Derbyshire [2000]
DDP v K 1990
R v Martin 1881

Question 8

What are omissions? A case.

Answer 8

Only if the defendant is under a duty to act.

DPP v Santa-Bermudez [2003

Question 9

What is unlawful force and lawful? A case.

Answer 9

For a battery to be committed, and an assault, the
force, or apprehension of force, must be unlawful.

Genuine consent- can be lawful.
self-defense or prevention of a crime- proportionate.
Lawful- person using the force is not guilty of a battery, or an assault in other circumstances.
Correction of a child by a parent. English law recognises that moderate and reasonable physical chastisement of a child is lawful. Children Act 2004 Must not cause injury. (Breach article 3 E CONV O HR allowing force)
A v UK (1998)

Question 10

Battery without assault.

Answer 10

Unaware of the defendant.
Behind.
Asleep.
Aware after the battery has took place.

Question 11

Mens rea.

Answer 11

The mens rea for battery is either an intention to apply unlawful physical force to another recklessness as to whether unlawful force is applied.

Intent or recklessness- sufficient for B and A.

Question 12

Battery, mens rea and intoxicated. A case.

Answer 12

Recklessness is subjective and common assault is basic intent, therefore if the defendant is intoxicated when doing the act, he is considered to be doing it recklessly.
DPP v Majewski [1976]